FGA - Amicus Brief (1:24-cv-00147-JPW) (Filed 23Feb24

EO 14019 is Illegal & Unconstitutional When they crafted the Constitution, the Framers sought to assign the power over elections in a way that preserved the primacy of the state legislatures over elections, without undermining the long-term stability of the newly formed nation. [...] EO 14019 and the Biden administration’s efforts to carry it out violate the NVRA Invoking its power under the Elections Clause, Congress passed the NVRA back in 1993, empowering federal agencies to “perform voter registration activities,” but only if designated to do so by the State government. [...] Such activities include not only distributing voter registration applications to individuals who apply or reapply for benefits, or who change their address, but also helping the applicant to complete the application and then collecting the application with the promise to transmit it to the state on behalf of the applicant. [...] EO 14019 violates the Elections Clause Under the Elections Clause, “[t]he Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any 11 Case 1:24-cv-00147-JPW Document 29-1 Filed 02/23/24 Page 19 of 33 time by Law make or alter such Regulations, except as to the Places of chusing Senator. [...] “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Id.